The Tunisian Constitution and the Labor Code (Code du Travail) are the primary sources of health and safety law in Tunisia. The Constitution guarantees the right to healthy working conditions and social protection, while the Labor Code provides the legal framework for health and safety. This includes laws such as Law No. 27 of 1966, which outlines employer and employee responsibilities for maintaining safety, and Law No. 90-77 of August 7 1990, which establishes the Tunisian Occupational Safety and Health Institute. There are also sector-specific regulations issued by various ministries that provide detailed requirements for particular industries and hazards.

Employer Obligations

Tunisian health and safety laws place several duties upon employers. These include a general duty of care, where employers must take all necessary measures to protect the health and safety of their workers. Employers are also required to conduct regular assessments of workplace hazards and implement control measures to mitigate risks. They must provide workers with information and training on health and safety hazards and prevention measures, and supply and ensure the use of appropriate Personal Protective Equipment (PPE) when other control measures are insufficient. Employers are also responsible for arranging for medical examinations of workers exposed to certain hazards.

Worker Rights and Responsibilities

Workers in Tunisia have specific rights and duties related to health and safety. They have the right to refuse to perform work if they believe it poses a serious and imminent danger to their health or safety. Workers also have the right to participate in health and safety decision-making through safety committees or other mechanisms. They are required to comply with safety rules, use PPE correctly, and report any hazardous situations or incidents.

Key Institutions

The Ministry of Social Affairs is responsible for overall health and safety policy and enforcement. The Tunisian Occupational Safety and Health Institute is a national institution providing technical support, training, research, and information on health and safety.

Enforcement and Penalties

Employers who violate health and safety regulations face various penalties, including fines, temporary or permanent closure of the workplace, and criminal sanctions in cases of serious negligence.

Occupational health and safety (OHS) standards in Tunisia encompass a broad spectrum of workplace hazards and preventative measures. These standards address physical hazards such as noise, vibration, lighting, and temperature and ventilation. For instance, regulations exist to limit worker exposure to excessive noise and harmful vibration levels. Adequate workplace lighting is also ensured to prevent eye strain and accidents, and regulations are in place to maintain comfortable working temperatures.

Chemical hazards are another key area of focus. Specific regulations govern the handling, storage, labeling, and disposal of hazardous chemicals. Standards also address air quality monitoring and control of exposure to harmful dust, fumes, and gases.

Biological hazards, particularly in healthcare settings, are regulated. Tunisia has regulations for handling biological hazards, especially in medical facilities. Ergonomic hazards are also addressed, with guidelines on proper lifting techniques, load limits, and the use of mechanical aids. Regulations also promote ergonomic workstations, work breaks, and awareness of repetitive strain risks.

Psychosocial hazards such as work-related stress and harassment and violence are recognized. Regulations encourage stress management programs and prohibit harassment and violence, mandating employer actions and preventative measures. Emergency preparedness and response are also covered, with provisions for the availability of trained first aid responders and equipped first aid kits, as well as fire prevention, suppression equipment, and evacuation procedures.

OHS Practices and Implementation

Risk assessment is a fundamental aspect of Tunisian OHS. Employers are responsible for identifying and controlling hazards with worker participation. Control measures emphasize a hierarchy of controls, including elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE). Employers must ensure workers understand hazards and safe work practices. Health monitoring is mandated for workers exposed to specific hazards, and employers must document accidents and incidents.

Sources for Standards and Best Practices

The Ministry of Social Affairs provides guidelines, regulations, and informational publications on OHS. The Tunisian Occupational Safety and Health Institute (TOSHI) offers technical resources, training programs, and research support. The International Labour Organization (ILO) also influences national OHS legislation through its conventions and standards ratified by Tunisia.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve multiple purposes such as verification of compliance, hazard identification, deterrence, and education and awareness.

The Labor Inspectorate

The Labor Inspectorate, under the Ministry of Social Affairs, is the primary body responsible for conducting workplace inspections. Labor inspectors have the authority to enter workplaces without prior notice, examine equipment, materials, and processes, interview workers and employers, request relevant documentation, issue improvement notices or orders, and initiate legal proceedings or impose fines in cases of serious violations.

Inspection Criteria

Tunisian labor inspectors evaluate a wide range of factors during inspections. These include the implementation of risk assessments, compliance with specific regulations, safety equipment and facilities, documentation and record keeping, and worker awareness and training.

Inspection Frequency

The frequency of workplace inspections is influenced by several factors such as the workplace risk level, past inspection history, and limited resources within the Labor Inspectorate.

Follow-up Actions

Follow-up actions after an inspection can include improvement notices, orders, fines, and legal proceedings. Improvement notices are issued when inspectors identify non-critical violations, giving the employer a deadline to rectify the issue. Orders are issued in cases of imminent or serious danger, requiring the immediate cessation of unsafe activity. Fines are imposed for non-compliance with regulations or for obstructing inspections. In cases of severe or repeated violations, the Labor Inspectorate can initiate legal action against the employer.

Workplace accidents are a serious matter and require immediate attention. Employers are legally required to report work-related accidents and occupational diseases to several authorities, including the Labor Inspectorate, the National Social Security Fund (Caisse Nationale de Sécurité Sociale - CNSS), and the Occupational Health Physician in cases of serious injury or occupational disease.

Reporting Timeframes

For accidents that cause an absence from work of more than three days, employers must report within 48 hours of the incident. In the case of occupational diseases, notification is necessary within 15 days of diagnosis.

Investigation Procedures

The objective of workplace accident investigations is to determine the root causes and prevent future occurrences. Employers are required to analyze the circumstances of accidents and take corrective measures. Inspectors may conduct investigations for serious accidents or where there are suspected violations. Worker representatives or safety committees may be involved in the investigation process in some workplaces.

Investigations typically include interviews with witnesses, examination of the accident scene, review of relevant documentation, and identification of root causes and contributing factors.

Compensation Claims

The Tunisian social security system provides compensation for workers injured or made ill due to their work. All workers covered under the CNSS are eligible for compensation. This includes coverage of treatment costs related to the injury or illness, wage replacement for periods of temporary incapacity, payments made for long-term or permanent disabilities, and compensation to survivors in case of fatal workplace accidents.

The claims process begins with the employer's report to the CNSS, followed by a medical evaluation arranged by the CNSS. The CNSS then calculates the appropriate level of compensation based on the degree of disability and the worker's earnings.

Legal References

The Labor Code, specifically Articles 248 and 251, address accident reporting, investigations, and aspects of compensation. Regulations of the CNSS establish the specific procedures and benefits available for workplace injury and illness compensation.